Contracts for the Sale of Sperm and the Assessment of Damages for Breach: St George Fertility Centre Pty Ltd v Clark [2011] NSWSC 1276

In previous columns we have discussed the introduction of property rights in disputes over human tissue (Madden and Cockburn 2011; Stewart 2009). One of the major issues that arises from the recognition of property rights relates to how the law should respond to contracts concerning the sale of human tissue. This was recently discussed in St George Fertility Centre Pty Ltd v Clark [2011] NSWSC 1276, where the court adopted a classic approach of sale of goods.

The case was concerned with the purchase of frozen sperm by Dr. Clark from the St. George Fertility Clinic (St. George) for use in her own fertility practice, known as Fertility First. The Supreme Court had found, amongst other things, that the contract had been breached because St. George Fertility Clinic had failed to identify donors of sperm in compliance with the Australian Code of Practice for A ...

Australian Commission on Safety and Quality in Health Care. 2008. Open disclosure standard: A national standard for open communication in public and private hospitals, following an adverse event in health care. http://www.health.qld.gov.au/psq/od/docs/odst.pdf. Accessed November 30, 2011.